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Old November 9th 17, 05:47 PM posted to uk.rec.cycling
jnugent
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Posts: 11,574
Default Careless cyclist is surprised that he has to pay for the damagehe caused

On 09/11/2017 11:13, Nick wrote:

On 09/11/2017 08:29, MrCheerful wrote:


https://www.standard.co.uk/news/lond...-a3685076.html

Thanks for the link. I donated to the crowd funding.


QUOTE 1:
He claims the court summons were sent to an old address before judgement
was imposed in his absence and he was ordered to pay £3,500 in damages,
plus legal costs.
ENDQUOTE

"An old address"?

Yeah, right.

How could that happen? Even if it's true that he had moved house between
the date of the crash and the sending of the summons, that would not be
the fault of HMRC. A summons is properly served if sent to the
last-known address of the defendant.

"An old address" makes it sound hopelessly out of date, almost as though
no-one in their right mind could possibly have thought he lived there.
But this was an injury accident. It must have been reported to the
police, who will have requested names and current addresses.

QUOTE 2:
[He] had been cycling to a friend’s house in Nunhead when he tried to
cross Hollydale Road at the junction with Evelina Road.

He said: “As I was approaching the junction I thought I had enough time
to cross. As I committed to go over the first lane, I realised I had
miscalculated and the car was going faster than I thought.”
ENDQUOTE

"...time to cross..."?

See: https://ibb.co/dr0Xhb

Something is wrong there. As can be seen in the image cited above, at
that junction, Evelina Road is the major road. It has priority.
Calculating time to "cross" (ie, pass by) Hollydale Road wouldn't come
into it. Either someone isn't telling the truth or the paper has
mistaken the name of the road he was trying to "cross" (unless, of
course, he was on the footway - and therefore had absolutely no priority
over any traffic of any sort on either of the roads).

One possibility is that he was on Hollydale Road (the minor route) and
attempted to cross Evelina Road (the major road) without stopping and/or
giving way to traffic on the major road. That sounds more in tune with
what he (as opposed to the paper) says.

QUOTE 3:
His left leg was broken by the impact and he was thrown into the air.

“My head smashed into his windscreen and I flipped over the car and
landed face first on the ground,” he said. “Then it all went black.”

Police attended alongside an ambulance. He decided not to pursue charges
against the driver after two witnesses declined to provide statements.
ENDQUOTE

Horrific injuries, to be sure (and the photo in the news report tells
its own tale).

But not the slightest bit indicative of who was to blame. So far, the
owners of the vehicle have been held to be the victim(s). And is the
court likely to change its mind about who was to blame (especially when
the proceedings were and will again be brought by those proprietors of
the motor vehicle)?

I donated to the crowd funding.


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